Civil Lawsuits vs. Criminal Prosecution: Which Path is Right for Your Sexual Abuse Case in California?

As difficult as it may be to confront, research indicates that approximately 1 in 3 women and 1 in 4 men in California will report experiencing sexual violence at some point in their lives. That figure is staggering enough. But the situation is likely even worse because sexual abuse is notoriously underreported. The statistics probably do not reflect the true number of survivors. For many victims of sexual abuse and assault, the emotional trauma is only part of the picture. Struggling to find ways to seek accountability through the legal system can bring added stress to already difficult circumstances.

Distrust of law enforcement and the legal system are major contributors to the underreporting of sexual abuse in California and across the nation. That’s why it is so important for survivors of sexual abuse to find legal representation they can trust when fighting for justice. Let’s take a closer look at the legal options available to survivors and their families and explore how a skilled, compassionate sexual abuse attorney can help injured parties navigate the justice system with grace and dignity in the wake of sexual trauma.

Criminal vs. civil cases: At a glance

Civil litigation and criminal prosecution are two distinct legal processes that serve different, yet equally important, purposes within the justice system. Criminal cases are cases brought by the government as a means of punishing individuals for violations of established laws. In these proceedings, the state or federal government acts as the prosecutor, rather than one particular individual or group of individuals.

Defendants in criminal cases may face harsh penalties like jail time, probation, and/or fines – all of which are intended to punish the accused and deter future offenses. Because these consequences are so serious, the burden of proof in criminal court is high. Prosecutors must prove the defendant’s guilt “beyond a reasonable doubt” before any penalties can be imposed by a judge or jury under the law.

Civil litigation, on the other hand, is initiated by private individuals or entities seeking compensation for harm they have suffered at the hands of another party. The burden of proof is lower in civil cases. Rather than proving beyond a reasonable doubt that a defendant committed a crime, plaintiffs must only show that it is “more likely than not” that the defendant is liable for the harm suffered by the plaintiff. While criminal prosecution is focused on punishment, civil litigation is generally focused on reparation and restoration.

In the context of sexual abuse, survivors may file a civil lawsuit against the perpetrator – or, in some cases, other individuals or institutions that enabled abuse — to recover compensation for damages like pain, suffering, medical expenses, lost wages, and more.

Criminal cases involving sexual abuse

When sexual abuse is reported to law enforcement, there will often be an investigation conducted to determine whether or not a crime likely occurred. If there is sufficient evidence, the district attorney’s office will determine whether to file formal criminal charges against the alleged perpetrator. Once charges are filed, the case will be brought by the state of California against the alleged perpetrator on behalf of society, rather than on behalf of any particular victim.

Criminal prosecution is intended to punish perpetrators with potentially life-altering consequences. In California, these consequences might include:

• Prison time
• Probation
• Registration as a sex offender
• Mandatory counseling
• Monetary fines

These punishments are significant, and there is subsequently a high burden of proof required before they will be handed down to an alleged abuser. A criminal conviction against the abuser can be validating for survivors. However, the process is difficult because of the strict evidentiary requirements and the lack of control over how the case proceeds. Testifying in these cases may also be extremely difficult for survivors because defendants and legal representatives involved in these cases often attempt to discredit victims and witnesses to avoid conviction or harsh sentencing.

Pursuing accountability via civil litigation

In contrast, a civil sexual abuse lawsuit is filed by survivors themselves rather than by the state or federal government. In civil cases, survivors may seek financial compensation from an alleged abuser and any other individuals or institutions believed to have enabled, ignored or contributed to the abuse. A civil case can be brought against an alleged abuser regardless of whether or not formal criminal charges have been filed because these kinds of cases are entirely independent of one another.

While facts or findings from a criminal sexual abuse case may prove relevant or helpful during civil litigation, a criminal conviction is not a pre-requisite for seeking compensatory damages via a civil lawsuit.  Additionally, with the lower burden of proof, civil litigation offers an opportunity for justice even when criminal charges fail. Plaintiffs in civil cases must prove their case by a “preponderance of the evidence.” Under this standard they must demonstrate that it is more likely than not that the abuse occurred. Compared to “beyond a reasonable doubt,” this standard is much less demanding.

What kinds of damages are available in civil sexual abuse cases?

Survivors may pursue damages for a variety of losses via a civil lawsuit. Categories of damages plaintiffs may recover include:

• Medical expenses
• Therapy costs
• Lost income
• Reduced capacity to work
• Loss of benefits
• Pain and suffering
• Emotional distress

In some cases involving particularly egregious misconduct, the court may also award punitive damages to punish the defendant for their actions. California does not put caps on economic, non-economic or punitive damages. The judge or jury gets to determine how much compensation is appropriate in cases involving sexual abuse. By working with an experienced sexual abuse attorney, survivors can build a stronger case for compensation, which can lead to better outcomes.

Choosing the right path

For many survivors, the decision to seek justice in a sexual abuse case does not come easily. However, an experienced attorney can help clarify your options and point you towards the best possible resolution in your case. A trusted sexual abuse attorney can help plaintiffs better understand the statutes of limitations, filing deadlines and standards of evidence applicable in their cases while providing a strong, stalwart source of moral support throughout what can be a vulnerable and nerve-wracking process.

At Taylor & Ring, we understand the emotional weight these cases carry and are committed to creating a safe, supportive environment for our clients. With 200 jury trials and multimillion-dollar verdicts and settlements under our belts, our compassionate team knows exactly what it takes to help victims fight for their rights in civil sexual abuse cases without compromising their peace of mind.

If you are a survivor of sexual abuse, the team at Taylor & Ring is here to support you every step of the way. Contact us to request a consultation with a member of our team. We can help you understand your legal options and take the next step towards building a case and having your voice heard.